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Placing Con in Cell with Dying PWA Doesn't State Claim
Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, 91 S.Ct. 1999 (1971), and 28 U.S.C. § 1331, wherein he alleged that he has been deprived of his constitutional rights by the actions of the defendant officials of the Bureau of Prisons (BOP). Johnson sought injunctive relief and monetary damages.
Johnson contended that the BOP violated his eighth amendment rights by housing him in the same cell with a prisoner who was dying from Acquired Immune Deficiency Syndrome (AIDS). He alleged that his former cellmate tampered with his toothbrush, toothpaste, and razor blade; in addition, on several occasions, he observed his cellmate's blood on their sink, toilet and towels. He alleged that during the last few days prior to his cellmate's death, he was forced to "feed and sanitize" him. Johnson's cellmate subsequently died. While Johnson has tested negative for HIV, he complains that he was damaged psychologically because he was subjected to witnessing his celllmate's deteriorating condition.
In granting the government's motion for summary judgement the district court relied on Wilson v. Seiter , 501 U.S. ___, 111 S.Ct. 2321 (1991), the same case the U.S. Supreme Court recently relied on in holding that placing a non smoking prisoner in a cell with a heavy smoker could state a claim [ See article page one ]. The district court said Johnson's fears that he may have contracted AIDS are based on "unsubstantiated fears and ignorance." The court went on to conclude that the plaintiff "has not been deprived of any basic need. He has not presented the court with any facts from which it might be inferred that the decision to house an AIDS infected inmate with the plaintiff evidenced a deliberate indifference to his serious medical needs or a culpable state of mind on the part of the defendants." See: Johnson v. United States , 816 F. Supp 1519 (ND AL 1993).
Johnson contended that the BOP violated his eighth amendment rights by housing him in the same cell with a prisoner who was dying from Acquired Immune Deficiency Syndrome (AIDS). He alleged that his former cellmate tampered with his toothbrush, toothpaste, and razor blade; in addition, on several occasions, he observed his cellmate's blood on their sink, toilet and towels. He alleged that during the last few days prior to his cellmate's death, he was forced to "feed and sanitize" him. Johnson's cellmate subsequently died. While Johnson has tested negative for HIV, he complains that he was damaged psychologically because he was subjected to witnessing his celllmate's deteriorating condition.
In granting the government's motion for summary judgement the district court relied on Wilson v. Seiter , 501 U.S. ___, 111 S.Ct. 2321 (1991), the same case the U.S. Supreme Court recently relied on in holding that placing a non smoking prisoner in a cell with a heavy smoker could state a claim [ See article page one ]. The district court said Johnson's fears that he may have contracted AIDS are based on "unsubstantiated fears and ignorance." The court went on to conclude that the plaintiff "has not been deprived of any basic need. He has not presented the court with any facts from which it might be inferred that the decision to house an AIDS infected inmate with the plaintiff evidenced a deliberate indifference to his serious medical needs or a culpable state of mind on the part of the defendants." See: Johnson v. United States , 816 F. Supp 1519 (ND AL 1993).
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Related legal case
Johnson v. United States
| Year | 1993 |
|---|---|
| Cite | 816 F. Supp. 1519 (ND AL 1993) |
| Level | District Court |
WOODROW JOHNSON, Plaintiff, v. UNITED STATES OF AMERICA; BUREAU OF PRISONS; D. J. SOUTHERLAND; MR. SPRAYBERRY; ED MORAGNE; EVA PORTER; and TERRI ANNE MOORE, Defendants.
Case No. CV 92-B-700-S
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION
816 F. Supp. 1519; 1993 U.S. Dist. LEXIS 3764
February 4, 1993, Decided
February 4, 1993, Filed, Entered
PRIOR HISTORY: [**1] Adopting Magistrate's Document of December 9, 1992, Reported at 1992 U.S. Dist. LEXIS 21106.
COUNSEL: Woodrow Johnson, plaintiff, PRO SE, 02201-043, FCF, FCI Talladega, 565 East Renfroe Road, Talladega, AL 35160.
For UNITED STATES OF AMERICA, BUREAU OF PRISONS, D J SUTHERLAND, Warden, defendants: Jack W Selden, Winfield J Sinclair, US ATTORNEY'S OFFICE, Robert S Vance Federal Bldg, Suite 200, 1800 5th Avenue North, Birmingham, AL 35203, 731-1785.
JUDGES: BLACKBURN
OPINIONBY: SHARON LOVELACE BLACKBURN
OPINION: [*1520] ORDER
The magistrate judge filed his report and recommendation on December 10, 1992, recommending that the defendants' motion for summary judgment in this cause be granted. The plaintiff has filed objections to the magistrate judge's report and recommendation.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the petitioner's objections thereto, the court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, the court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Their motion for summary judgment, therefore, is due to be and the same is hereby GRANTED, [**2] and this action is DISMISSED.
DONE this 4th day of February, 1993.
SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE
Case No. CV 92-B-700-S
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION
816 F. Supp. 1519; 1993 U.S. Dist. LEXIS 3764
February 4, 1993, Decided
February 4, 1993, Filed, Entered
PRIOR HISTORY: [**1] Adopting Magistrate's Document of December 9, 1992, Reported at 1992 U.S. Dist. LEXIS 21106.
COUNSEL: Woodrow Johnson, plaintiff, PRO SE, 02201-043, FCF, FCI Talladega, 565 East Renfroe Road, Talladega, AL 35160.
For UNITED STATES OF AMERICA, BUREAU OF PRISONS, D J SUTHERLAND, Warden, defendants: Jack W Selden, Winfield J Sinclair, US ATTORNEY'S OFFICE, Robert S Vance Federal Bldg, Suite 200, 1800 5th Avenue North, Birmingham, AL 35203, 731-1785.
JUDGES: BLACKBURN
OPINIONBY: SHARON LOVELACE BLACKBURN
OPINION: [*1520] ORDER
The magistrate judge filed his report and recommendation on December 10, 1992, recommending that the defendants' motion for summary judgment in this cause be granted. The plaintiff has filed objections to the magistrate judge's report and recommendation.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the petitioner's objections thereto, the court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, the court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Their motion for summary judgment, therefore, is due to be and the same is hereby GRANTED, [**2] and this action is DISMISSED.
DONE this 4th day of February, 1993.
SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE